Feb 10, 2012
DUI Checkpoint Refusal
He asked the magic question that everyone should know: "Am I free to go?" The definition of being arrested is along the lines of "A reasonable person would assume that they were not free to leave." Once you've been arrested you must be informed of your rights and provided with counsel, unless you choose to waive that right. After asking if he was free to leave the police officer had a decision to make, either cite some form of probable cause for a search/arrest, or let him leave. Remember that question! Am I free to go? If they say yes, you leave; if they say no, you ask for a lawyer and refuse to say anything else until that lawyer arrives.
But, you also have to have balls of steel.
Posted by Capn at Friday, February 10, 2012